People v. North River Insurance

The County of Los Angeles (county) appeals from an order granting The North River Insurance Company’s (bail agent) motion to set aside summary judgment, discharge forfeiture and exonerate bail. The county raises a single issue on appeal: whether the trial court erred as a matter of law in finding Code of Civil Procedure section 473 (section 473) applicable in this bail forfeiture proceeding. We find no error, and therefore affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Both parties to this appeal agree that the facts are not in dispute.

On September 19, 2008, Benigno Madriles (defendant Madriles) was charged with one count of violation of Penal Code section 459. On September 25, 2008, bail agent posted a bail bond in the amount of $50,000 for defendant Madriles’s release. Defendant Madriles was ordered to appear on February 10, 2009, for probation and sentencing. Defendant Madriles failed to appear and the court ordered the bail forfeited and also issued a bench warrant and printed a notice of bail forfeiture addressed to the surety and bail agent. The notice informed bail agent that its contractual obligation to pay the *716 bond would become absolute on the 186th day…